Caravan parking: tacit permission limited to 3 years cannot be renewed

Imagine: you are the owner of a plot of land in Saint-Vincent-de-Tyrosse, in the Landes region. You install a caravan to live in while you build your house. You make an application to the town hall, and two months pass without a response. You think: “it's fine, I have permission.” But three years later, the town hall asks you to remove the caravan. What should you do?

This question is on the minds of many owners. The answer lies in a judgment of the Court of Cassation of 20 May 1992 (No. 90-87.350), which clarifies the limits of administrative silence. In short, tacit permission to park a caravan exists, but it is strictly regulated: it lasts three years and is not automatically renewed.

But what exactly does this change? In this article, we will break down this decision and see how it applies in practice in the Landes and elsewhere.

The facts: a story that happens every day

The case began in 1982. An owner, whom we will call Mr X, decided to build a permanent structure on a plot of land located in a non-building zone near Dax. He did not seek any prior permission. The works were completed in August 1982. Very quickly, the planning authorities noticed the infringement: a report was drawn up on 28 June 1985. Mr X was prosecuted for building without planning permission.

But Mr X did not give in. He raised an argument: he claimed to have obtained tacit permission to park a caravan on his land, and since the permanent structure was merely an extension of that caravan, everything was regularised. Indeed, he had submitted an application to park a caravan to the town hall, and the town hall had not responded within two months. According to him, permission was therefore granted.

The criminal court of Dax convicted him. Mr X appealed, then lodged an appeal in cassation. The Court of Cassation was asked to decide the issue of tacit permission to park a caravan. The appeal was dismissed. The Court confirmed that tacit permission, if it exists, is limited to three years and cannot be tacitly renewed. In this case, the permanent structure was illegal because it was in a non-building zone and without planning permission.

The reasoning of the court — broken down

In its judgment of 20 May 1992, the Court of Cassation relied on Article L. 442-3 of the Urban Planning Code (then in force), which governs the parking of caravans. This article provides that permission to park is deemed granted if the competent authority does not respond within two months of the application. But it also states that this permission is valid for three years and cannot be tacitly renewed.

In short, administrative silence amounts to acceptance, but only for a limited period. After three years, a new application must be made. If no new application is made, parking becomes illegal. Note however: even with tacit permission, the caravan cannot be transformed into a permanent structure without planning permission. Permanent construction requires planning permission, independently of the caravan permission.

In this case, Mr X had built a permanent structure (foundations, walls, roof), which is not a caravan. He could not therefore hide behind the tacit caravan permission. The Court thus upheld the conviction for building without planning permission.

What few people know is that this decision is part of consistent case law: the administration is not required to respond to applications for caravan parking, but if it does not, the applicant obtains a temporary right. This is neither a blank cheque nor a permanent right.

What this changes for you — in practice

For landowners: if you wish to install a caravan on your land, make an application to the town hall. If you receive no response within two months, you have tacit permission, but it expires after three years. To continue, you must renew the application before the expiry date. Warning: if your land is in a non-building zone, caravan permission will never allow you to build a house or permanent shelter.

For tenants: if you rent a plot to place a caravan, check that the owner has obtained the necessary permission. An un-renewed tacit permission can lead to eviction. In Dax, for example, a tenant could find themselves without a solution if the owner has not anticipated renewal.

For buyers: before buying a plot with a caravan already installed, ask to see the parking permission. If it is tacit and dates from more than three years ago, it is void. You could inherit an irregular situation.

Example with figures: in Saint-Vincent-de-Tyrosse, the cost of applying for caravan parking is €0 (no tax). But if you do not renew and the town hall orders you to leave, the procedural and eviction costs can reach €2,000 to €5,000. Better to plan ahead.

If you are in this situation, you must check the date of your tacit permission and, if it is approaching three years, submit a new application to the town hall with acknowledgement of receipt.

Four tips to avoid this type of dispute

• Submit a written application to the town hall – for any caravan installation, send a registered letter with acknowledgement of receipt to the town hall. Keep the acknowledgement of receipt safe: it serves as proof for the two-month period.
• Note the expiry date – as soon as you receive the tacit (or explicit) permission, mark the expiry date (3 years later) in your calendar. Contact the town hall 3 months before the expiry date.
• Do not build a permanent structure without planning permission – even with caravan permission, you cannot erect a permanent structure (foundations, walls, roof) without planning permission. In a non-building zone, planning permission will be refused.
• Consult a lawyer lawyer if in doubt – if you have a complex project (caravan + fittings), a property law professional, such as Maître Zakine, can advise you in advance to avoid disputes.

Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.

Further reading: related case law and developments

This 1992 decision is part of a line of judgments that limit the scope of administrative silence. For example, in a judgment of 14 January 1987 (No. 85-36.214), the Court of Cassation had already ruled that tacit permission to park a caravan did not amount to permission to build. More recently, the Conseil d'État has recalled that the tacit renewal of a parking permission does not exist, even in the absence of contrary regulations (CE, 2015).

The trend is therefore clear: the administration is not required to respond, but silence only creates a temporary right strictly limited to the caravan itself. No extension to other constructions is possible.

For the future, it is likely that the courts will remain firm on this point, especially in coastal or natural areas where property pressure is high. In Saint-Vincent-de-Tyrosse, near the ocean, checks are frequent. Better to be in compliance.

In practice: what to do

Checklist for a lawful caravan installation:

1. Check the zoning of the land (building or non-building) with the town hall.
2. Submit an application to park a caravan by registered letter with AR.
3. Wait 2 months: if no response, permission is tacit.
4. Note the expiry date (3 years after the application or the date of the acknowledgement of receipt).
5. 6 months before expiry, submit a new application to avoid a gap.
6. Never transform the caravan into a permanent structure without planning permission.

Are you in a similar situation? An initial 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →